Fiji Magistrates Bench Book - Federal Court of Australia
Fiji Magistrates Bench Book - Federal Court of Australia Fiji Magistrates Bench Book - Federal Court of Australia
Identification In Court, the prosecution should identify the person charged by clearly pointing out that person in Court. The prosecution must provide evidence to prove that it was the defendant who falsely pretended. False pretence False pretence is defined in the Penal Code as any “representation made by words, writing or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows it to be false, or does not believe to be true”: s308 Penal Code. Intent to defraud See general rules on intent in s9 of the Penal Code. The intent to defraud may be inferred from the facts of the case. A fraud is complete once a false statement is made by a defendant who knows the statement is false and the victim parts with his or her property on the basis of that statement: See Denning [1962] NSWLR 175. Use or benefit of The prosecution must show that the defendant took the property for him or herself or for someone else. Induces any other person The false pretence must induce the victim to part with his or her property. Case law See Panjubol v DPP [1985] SILR 122, Fred Reynolds v R [1986] Fj Cr App. 26/86. Defences If the prosecution has proved the elements of the offence, beyond reasonable doubt, the defendant may still have a legal defence. The defendant will have to establish any defence to your satisfaction, on the balance of probabilities (i.e. more likely than not). Sentence Maximum five years imprisonment. Fiji Magistrates Bench Book April 2004
Simple Larceny (Theft) Section s259(1) Penal Code (Cap. 17) Description A person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen, with the intention (at the time of such taking) to permanently to deprive the owner of the thing. Elements • The person named in the charge is the same person who is appearing in Court; • The defendant took and carried away anything capable of being stolen; • The defendant did this without the consent of the owner; • The defendant did this fraudulently and without a claim of right made in good faith; • The defendant, at the time of such taking, intended to permanently deprive the owner thereof. Commentary Burden and standard of proof The prosecution must prove all the elements beyond reasonable doubt. If the defence establishes to your satisfaction that there is a reasonable doubt, then the prosecution has failed. Identification In Court, the prosecution should identify the person charged by clearly pointing out that person in Court. The prosecution must provide evidence to prove that it was the defendant who stole the property. Capable of being stolen Section 258 defines what things are capable of being stolen. Fiji Magistrates Bench Book April 2004
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Identification<br />
In <strong>Court</strong>, the prosecution should identify the person charged by<br />
clearly pointing out that person in <strong>Court</strong>.<br />
The prosecution must provide evidence to prove that it was the<br />
defendant who falsely pretended.<br />
False pretence<br />
False pretence is defined in the Penal Code as any “representation<br />
made by words, writing or conduct, <strong>of</strong> a matter <strong>of</strong> fact, either past or<br />
present, which representation is false in fact, and which the person<br />
making it knows it to be false, or does not believe to be true”: s308<br />
Penal Code.<br />
Intent to defraud<br />
See general rules on intent in s9 <strong>of</strong> the Penal Code.<br />
The intent to defraud may be inferred from the facts <strong>of</strong> the case.<br />
A fraud is complete once a false statement is made by a defendant<br />
who knows the statement is false and the victim parts with his or her<br />
property on the basis <strong>of</strong> that statement: See Denning [1962]<br />
NSWLR 175.<br />
Use or benefit <strong>of</strong><br />
The prosecution must show that the defendant took the property for<br />
him or herself or for someone else.<br />
Induces any other person<br />
The false pretence must induce the victim to part with his or her<br />
property.<br />
Case law<br />
See Panjubol v DPP [1985] SILR 122,<br />
Fred Reynolds v R [1986] Fj Cr App. 26/86.<br />
Defences<br />
If the prosecution has proved the elements <strong>of</strong> the <strong>of</strong>fence, beyond<br />
reasonable doubt, the defendant may still have a legal defence. The<br />
defendant will have to establish any defence to your satisfaction, on<br />
the balance <strong>of</strong> probabilities (i.e. more likely than not).<br />
Sentence<br />
Maximum five years imprisonment.<br />
<strong>Fiji</strong> <strong>Magistrates</strong> <strong>Bench</strong> <strong>Book</strong> April 2004